In the wake of any major adverse public incident, the government has the authority to form an inquiry commission to determine accountability and recommend actions. This power is granted under the Commissions of Inquiry Act, 1956.
Yet, despite the gravity of the situation, no meaningful step has been taken to identify responsibility. Over the past two to three months alone, the Directorate General of Health Services (DGHS) has reported more than 200 child deaths from highly contagious measles and related symptoms. Deaths continue to be reported daily.
Millions at risk amid vaccine crisis
Investigations reveal that at least three million children in the country are now at severe health risk due to missing six essential routine vaccines after birth. Reports by Kaler Kantho and other media outlets attribute this crisis largely to flawed policy decisions and vaccine mismanagement under the former interim government led by Dr Muhammad Yunus.
The interim administration has weakly attempted to shift some blame onto the ousted Awami League government, while the current BNP-led administration has blamed both previous regimes.
As measles nears epidemic proportions, concerns are mounting over the potential spread of multiple diseases among millions of unvaccinated children. Allegations have intensified against Dr Yunus, a Nobel Peace Prize laureate, the former health adviser, and other officials. The issue has drawn widespread coverage in national and international media.
A writ petition has already been filed in the High Court, a legal notice served on the government, and an application lodged with the Anti-Corruption Commission (ACC). Despite this, the government has yet to initiate any formal investigation.
Government response and political statements
On 6 April, Health Minister Sardar Sakhawat Hossain Bakul told Parliament that policy failures and mismanagement by previous governments were responsible for the outbreak. He noted that no measles-rubella vaccination campaign had been conducted for five and a half years and criticised “short-sighted decisions” regarding vaccine stockpiling.
At a seminar organised by Plan International in Gulshan, Social Welfare and Women and Children Affairs Minister AZM Zahid Hossain called for a review of preparations taken during the interim government’s tenure. He claimed that measles had not spread during the first 49 days of the current administration, suggesting failures in the previous setup.
The following day, BNP Senior Joint Secretary General Ruhul Kabir Rizvi also blamed the interim government’s negligence for the outbreak.
However, when asked whether any steps were being taken to investigate vaccine procurement and preparedness under the interim government, the Health Minister appeared dismissive. He told Kaler Kantho, “What is the benefit of determining responsibility for not purchasing vaccines? Our task is to act and prevent the outbreak. Alhamdulillah, we have plenty of vaccines in our collection. We are fighting this confidently.”
Administrative failures behind the crisis
Data from the DGHS supports claims of systemic failure. Since 1998, Bangladesh has operated a five-year Health, Population and Nutrition Sector Programme (HPNSP), consolidating over 100 public health projects.
The fourth phase of HPNSP was due to end in June 2024 but was extended due to pandemic-related disruptions. Preparations for the fifth phase—worth Tk106,100 crore—were underway. However, the interim government’s health sector reform commission objected to the operational plans and cancelled them, replacing them with a short-term development project.
This shift disrupted vaccine procurement. According to EPI Director Shahriar Sazzad, the crisis stems largely from changes in budget allocation and procurement processes. Vaccines, previously purchased under the development budget, were moved to the revenue budget, causing delays in fund release and planning.
He explained that preparing procurement plans took until mid-August last year, followed by multiple approval stages. Eventually, it was decided that 50% of vaccines would be procured through UNICEF and the rest via open tender.
UNICEF procurement requires advance payment, though it can provide emergency supplies through pre-financing. Of the allocated Tk419 crore, UNICEF has already supplied Tk200 crore worth of vaccines, which have been exhausted. The remaining vaccines are expected within one to one-and-a-half months after fund release. The tender process is also ongoing.
A direct blow to the right to life
Legal experts argue that the crisis constitutes a violation of constitutional rights. Article 15 of the Constitution identifies healthcare as a basic necessity, while Article 18 mandates the improvement of public health. Article 32 guarantees the right to life and personal liberty.
Senior Supreme Court lawyer Manzill Murshid stated that measles, being highly contagious, undermines the constitutionally guaranteed right to life. Preventive healthcare, including vaccination, is a state obligation under both domestic law and international commitments such as the UN Convention on the Rights of the Child.
He argued that the decisions taken during the interim government’s tenure represent a direct assault on the right to life. “Had the risks been properly assessed before changing long-standing procurement systems, over 200 child deaths might have been avoided,” he said.
Urgent call for an inquiry commission
Legal experts stress the urgent need to form an independent inquiry commission under the Commissions of Inquiry Act, 1956. Such commissions have been formed before, including one in December 2024 to reinvestigate the Pilkhana massacre.
According to the law, the government may establish a commission to investigate any matter of public importance. Lawyer Bibhuti Tarafdar emphasised that the vaccine crisis, involving policy changes and mass child deaths, clearly qualifies.
“If negligence or wrongdoing is proven, criminal proceedings can be initiated under existing laws,” he said. He cited Section 304A of the Penal Code, which allows prosecution for death caused by negligence, carrying up to five years’ imprisonment, a fine, or both.
He also noted that if financial corruption is uncovered, the ACC can pursue cases under anti-corruption laws, including asset seizure and prosecution in special courts.
Victims’ families may also seek compensation through writ petitions in the High Court. Such judicial interventions, experts say, not only provide relief but also deter future policy negligence.
Courts may intervene
Public interest litigation and suo motu actions by the High Court have historically played a key role in safeguarding rights and ensuring accountability. Under Articles 102 and 44 of the Constitution, the court can act even without a direct petitioner if public interest is at stake.
Recent precedents include rulings on safe drinking water and investigations into financial irregularities by major business figures.
Lawyer Manzill Murshid reiterated that determining responsibility is essential. “Once accountability is established through an inquiry commission, legal action and compensation claims can proceed,” he said.
He also noted that if the government fails to act, the High Court may order the formation of an inquiry commission on its own initiative.
On 2 April, a writ petition was filed in the High Court seeking temporary suspension of in-person classes in affected areas until the measles outbreak is controlled, along with urgent preventive measures.
On 6 April, another Supreme Court lawyer, Mohammad Ashraful Islam, served a legal notice to the government, describing the interim government’s policy shift as “criminal negligence”. He called for an independent inquiry committee involving public health experts and urged restrictions on foreign travel for those under investigation, including Dr Yunus.
However, no government response has yet been received. The lawyer has indicated plans to file a writ petition challenging this inaction.
The crisis has exposed deep structural weaknesses in public health governance, raising urgent questions about accountability, policy continuity, and the protection of fundamental rights. With hundreds of child deaths and millions at risk, legal experts and citizens alike are demanding not just answers—but justice.
Source: Kaler Kantho
Bd-pratidin English/ ANI
